From Casetext: Smarter Legal Research

222 Bloomingdale Road v. Nynex Properties

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2000
269 A.D.2d 525 (N.Y. App. Div. 2000)

Opinion

Argued January 18, 2000

February 24, 2000

In an action, inter alia, to recover legal fees and disbursements incurred in a prior action, the plaintiff appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered July 27, 1998, which granted the defendant's motion for summary judgment dismissing the complaint.

Mark S. Cash, New York, N.Y., for appellant.

Richard H. Wagner, New York, N.Y., for respondent.

WILLIAM C. THOMPSON, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN and NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

This action, in which the plaintiff seeks, inter alia, to recover legal fees and disbursements incurred in bringing a prior action and defending against the defendant's counterclaims in that action, constitutes the splitting of a cause of action, which is prohibited (see, 930 Fifth Corp. v. King, 42 N.Y.2d 886 ; Wavertree Corp. v. 136 Waverly Assocs., 258 A.D.2d 392 ). In any event, the contractual indemnification provision upon which the instant action is premised does not encompass the plaintiff's claim for legal fees and disbursements. Where a contract is clear and unambiguous on its face, its plain meaning should govern its interpretation (see, Chimart Assoc. v. Paul, 66 N.Y.2d 570 ; Mallad Constr. Corp. v. County of Fed. Sav. Loan Assn., 32 N.Y.2d 285 ).


Summaries of

222 Bloomingdale Road v. Nynex Properties

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2000
269 A.D.2d 525 (N.Y. App. Div. 2000)
Case details for

222 Bloomingdale Road v. Nynex Properties

Case Details

Full title:222 BLOOMINGDALE ROAD ASSOCIATES, appellant, v. NYNEX PROPERTIES COMPANY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 24, 2000

Citations

269 A.D.2d 525 (N.Y. App. Div. 2000)
703 N.Y.S.2d 737

Citing Cases

Robinson v. Dime Sav. Bank of Williamsburgh

Thus Mansfield's claim for attorney's fees were interrelated and should have been part of one cause of…

Landmark Properties v. Olivo

We modify Where a lease permits the landlord to recover an attorney's fee in the event of a tenant's default…